Pa.'s dog law lacks enforcement, audit finds

At least, it wasn’t until a 2008 law meant to change that by preventing abuse in kennels and puppy mills, but enforcement has been weak, a report by the Office of Auditor General says.

“As a result of lax enforcement, people could be exposed to dangerous dogs, consumers could be emotionally and financially affected by sick dogs from puppy mills and the dogs themselves could be physically harmed by living in unhealthy conditions,” Attorney General Eugene DePasquale said in a statement.

Rather than issue citations for kennels that failed to obey the law, the department would “work with the kennel owners,” the audit says. The office was not prepared to enforce its health regulations, it also found, noting a lack of training and tools for kennel inspectors.

The audit gave 10 recommendations for better management. Most involve beefing up oversight and training to ensure kennels, dog wardens and Dog Law Enforcement Office personnel comply with the law.

Another major finding concerned the Dog Law Restricted Account, designed to support the law’s enforcement. But some money was used for purposes that had nothing to do with the health or welfare of dogs.

The fund had $15 million dollars in July 2008, mostly collected from dog licensing funds and citations. Four years later, it had $3.1 million.

According to DePasquale and his team of auditors, $4 million was transferred to the state general fund for fiscal 2009-10. Over four years, $2.6 million went to unsupported payroll, including 12 employees not employed by the program and six who had other duties inside the Department of Agriculture. Another $1.4 million was used for undocumented purposes.

State law dictates citations of more than $70,000 get transferred to a separate fund for judiciary computer upgrades — which has nothing to do with the dog law. Some lawmakers have proposed undoing this provision, which takes more than $200,000 a year from the dog law account, according to DePasquale.

The Department of Agriculture refuted most of the claims, calling some incorrect. Michael Pechart, executive deputy secretary, said there’s no connection between enforcement of the law and the condition of the restricted account. At no point was the office fiscally unstable, he said.

He said most of the recommendations are already followed, such as changes to the office’s software that make it easier to track how many dogs are bought, from who and from where.

Samantha Krepps, press secretary for the department, called the report outdated.

“It is ridiculous for anyone to suggest the Dog Law Enforcement Office is trying to undermine the law,” Krepps said in an email to PA Independent. “The Dog Law Enforcement Office has, and will continue, to strengthen — not dilute — Pennsylvania’s Dog Law.”

Sarah Speed, state director for The Humane Society of the United States, said before the law some kennels had cages stacked floor to ceiling, with chicken wire flooring and no outside access. The law, which was almost fully implemented by 2010, includes stipulations about cage cleanliness, outdoor time and that kennels selling more than 60 dogs a year get a commercial license.

“We have a dwindling number of commercial kennels,which is encouraging on some level and also concerning,” Speed said. That could mean kennels that can’t comply with the law are going out of business, or it could mean kennel operators are lying about how many dogs they transfer, exempting them from state inspection.

Speed cites new leadership in the office as a step in the right direction. Already this year, three kennels have lost their license for non-compliance, she said.